May 2003 my CH 13 plan was confirmed. May 14 2008 my plan was supposed to be discharged...July 14 2008, I learned that my case was DISMISSED (due to fact that last 2 payments were not recvd-they were automatic deduction from my payroll) after I was trying yo purchase a home and my mortgage lender needed a copy of my discharged and I callee my TRUSTEE as my attorney had not been retruning my calls! Now all the debt that was to be discharged in BK is showing up on my credit report and FHA lender wants me to pay it all off $15K before I can close...Is there anuthing that I can do to get the court to reopen my case and to allow me to pay the last 2 payments (especially after paying $90+ over 5 years) ? PLEASE HELP!! This really sucks!1
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CH 13 Dismissed NOT Discharged w/o my knowledge
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Ch 13 cases just do not get dismissed without written notice being mailed to the debtor (you).
Did you receive warning letters from your trustee in the mail stating you were missing payments? You would also receive a letter from the court telling you your case is dismissed for non-payment - did you get a letter like that?
Also your lawyer would have been notified by the court - did he/she ever contact you?
How do you know your plan ended on May 14, 2008? In Ch 13 you continue making payments until the trustee confirms you can stop, even if it's past 60 months. Did you decide on your own to stop making payments?
Now that your 13 is already dismissed, it's going to be hard to get the ball rolling again. CALL YOUR LAWYER FIRST THING IN THE MORNING!! Make an appointment if you have to. See what options you have (if any) to get your case reopened and reconfirmed to finish the plan.
(And by the way, I deleted your duplicate thread in another forum asking the same questions. It's against our forum rules to post duplicate threads.)I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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